RECRUITMENT
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The recruitment of Employee starts from requirement of Employee. The requirement must be genuine. It is the duty of the employer to carefully examine the requirement. The requirement is of casual /temporary /permanent is also to be carefully examined and determined.
The purpose or job of employee is also to be established. This is very important to fix the qualifications of employee, without right qualification the employee cannot give its required output, which ultimately fails the motto behind its employment.
The qualification of employee is to be fixed to before the starting the selection process. This is one of the main pillars of selection and without it no right employee can be selected.
One of the major legal formalities before selection is to notify the vacancies to Employment Exchange. An Private Organisation having twenty five or more employees is required to notify vacancies to employment exchange. The Employment Exchange act is not applicable on vacancies to be filled by promotions. Normally all Government vacancies are notified to employment exchanges.
There are various sources to select an employee. Some of them are:
The persons who presents themselves for employment or persons told by friends etc. are direct source of selection. In small-scale sector this is main source of selection.
Other source for employees is advertisement. One can put a board telling requirement of employees on its main gate but for big advertisement one has to advertise in newspapers and magazines. The advertisement became more effective if given in specific industry related newspapers and magazines.
Employment Exchanges are good source of recruiting employees. The services rendered by them are free of cost. Employment Exchanges are established under Act of Parliament. The vacancies are notified to them on their prescribed Performa. The Employment Exchanges are everywhere in India.
Any one can notify vacancies to any Employment Exchange of India. The Employment Exchange sent interview letters to eligible candidates at its on cost.
The Performa for notification of vacancies is given in this chapter
The persons can be indirectly recruited through contractors also. If twenty or more persons are recruited through contractor both principle employer and contractors are to be registered under “The Contract Labour (Regulation and Abolition) Act, 1970”.
The selection is a procedure to evaluate a person for a job. It mainly has four steps. We have not taken Back assessment, inquiry and verification under this head as it is separately discussed before final decision.
3.1 Qualification of selector:
First step of selection is “who will select the employees” this is the most important part as a person who cannot select a right person makes all recruitment process failed. The wrong person selected by him can prove fatal to organisation for which he is selected.
The selector should know the job intended to be done by selected person. He should thorough knowledge of that work. He should also good knowledge of human psychology and man management.
3.2 Know All About From “Application Form of Employment:
Candidates should be given Performa of application for Employment by Employer. This application Performa should contain all the required necessary information of candidate. It will help in taking primary decision to call it for interview etc., during interview it will help selector to know about the candidate.
A model application for appointment is given in this chapter.
If required written test can be taken. Apart from education and technical knowledge written test should test the positiveness and mental status of candidate.
Normally no employees selected without interview though in small-scale sector the interviews are not formal in nature.
Interviews are for mainly personality assessment (if candidate had already given written test).
The person-taking interview has to access behaviour, interest with job, mental level, character etc. of candidate apart from other necessary elements of knowledge.
Primarily Medical and physical fitness for job is also to be seen during interview.
4. Back assessment, inquiry
and verification:
History of person can give good view of what he can do in future so it very necessary to access, inquire and verify his back history.
The persons qualification, percentage of marks, education institution from where he got qualification, if he passed without failure are the thinks which help employer to make an opinion about candidate.
The candidates any back criminal history, litigation history, his relation with past employers etc. are very important thinks to verify before employing any person.
Police verification of candidate is necessary. Ask the candidate to bring police verification from his local police station. Similarly character certificates from local panchayat (if any) and from past employer are to be obtained.
It will be good for employer to verify about candidate from its past employer by sending him a letter. All past employers are pleased to reply them.
After completing all aforesaid procedure of selection. Candidate should also go through medical fitness tests. This is very important in specially for technical jobs where perfect eye site and hearing power is required to do the job.
Medical examination can be done by employer’s doctors or candidate should be asked to brought medical fitness certificate from local Government hospital. The expenses of medical fitness certificate is to be bear by employer.
After due completion of aforesaid procedure employer thinks a person suitable for his job he can recruit it. But before recruitment it very essential to settle terms and conditions of employment. It is very necessary to avoid any inconvenience in future, which can prove fetal for industry and employee.
We have discussed in length in next topic about the terms and conditions.
7. Terms and conditions of Employment:
Terms and conditions of employment are base of employment. It is an agreement with employee and employer. Right terms and conditions of employment decides the future of employer establishments.
The main terms and conditions of employment are given under.
Starting date of
employment:
The date on which the employment will start is to be mentioned in terms and conditions. Many provisions of law are applicable on the base of date of appointment so it should be the essential part of terms and conditions of employment.
Address:
A special term regarding address of employee should be incorporated stating that employer will deem address given by employee address for all communications.
Age:
A term regarding age should also be mentioned which should states that age told by employee for taking up of employment will be deemed age for all purposes.
Nature of employment:
The employment is of casual /temporary /probation /permanent /contract is to be mentioned in terms and conditions of employment.
Designation:
The designation of employee should also be mentioned.
Pay and perks:
Clear-cut mentioning of pay and perks of employee should be mentioned.
Time limit of employment:
Time limit of employment should be mentioned in terms and conditions.
Retirement:
The condition of retirement with retirement age should be mentioned in terms and conditions.
Transfer:
A suitable clause for transfer between any branch or sister concern etc. should be incorporated.
End of employment:
A suitable clause regarding how the employment will end is to be incorporated.
Normally a notice between one to three months or pay in lieu of it is sufficient condition for both employee and employer to end the employment.
Efficiency:
A condition regarding efficient work should also be mentioned.
Dismissal on false information:
A condition regarding false information for gaining employment is to be incorporated if any information supplied by employee for gaining employment is found to be false. This will be sufficient cause for his dismissal from service.
Medical fitness:
Medical fitness should be essential for continuous of employment. Person found to be medically unfit can be removed from services.
Double appointment:
The employee should be prohibited to gain any other employment during his employment.
Up-gradation of knowledge:
In today’s fast changing technologies it has come must to incorporate the condition of employment for continuous up-gradation of knowledge for continuous employment.
Conviction By Criminal Court:
A suitable condition is to be mention regarding dismissal of service on conviction of an employee by criminal court, which involves moral tripude.
Secrecy:
A suitable condition of secrecy by employee regarding production system, raw material, customers etc. are to be made.
No Work No Pay:
A condition regarding No Work No Pay is to be made.
Dress Code:
A condition regarding dress code can also be made.
Suspension on wrongdoing:
Provisions for suspension on wrongdoing is also to be made. Suspension should follow an inquiry and if found guilty the punishment can go up to termination of services of employee. During suspension period employee should be paid suspension allowance.
Termination of service on account of regular absentisem:
A provision of termination of service for a specified
period (generally for seven days) should also be made. The termination under
this provision should be after an inquiry in which employees should get
opportunity to defend it.
Damages:
A provision for damages from employee
regarding his any wrong doing, wastage
of raw material, production of finished goods not confirming to quality
etc. are also to be made in appointment letter.
Acceptance of terms and conditions by both parties:
Both employee and employer should accept the terms and conditions of employment, by writing “accepted” and signing on it.
DRAFT OF
NOTIFICATION TO EMPLOYMENT EXCHANGE
To
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NAME & ADDRESS OF THE EMPLOYER |
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TELEPHONE NUMBER OF EMPLOYER |
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NATURE OF VACANCY |
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TYPE OF WORKERS REQUIRED (DESIGNATION) |
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DESCRIPTIO OF DUTIES |
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QUALIFICATION REQUIRED: i) ESSENTIAL ii) DESIRABLE |
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AGE LIMITS, IF ANY |
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WHETHER WOMEN ARE ELIGIBLE |
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NUMBER OF VACANCIES |
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PAY & ALLOWANCE |
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PLACE OF WORK (NAME OF THE TWON, VILLAGE & DISTT. IN WHICH IT IS SITUATED |
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PROBALE DATE BY WHICH THE VACANCY WILL BE FILLED. |
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PARTICULARS REGARDING INTERVIEW/ TEST OF APPLICANTS: |
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a) DATE OF INTERVIEW b) TIME OF INTERVIEW c) PLACE OF INTERVIEW d) DESIGNATION & ADDRESS OF THE PERSON TOWHOM APLICANTS SHOULD REPORT. |
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WHETHER THERE IS ANY OBLIGATIO OR ARRANGEMENT FOR GIVING PREFERENCE TO ANY CATEGORY OF PERSONS SUCH AS ST/SC/EX-SERVICEMEN & PHYSICALLY HANDICAPED PERSONS IN FILLING UP THE VACANCIES TO BE FILLED BY SUCH CATEGORIES OF PERSONS. |
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ANY OTHER RELEVANT INFORMATION |
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DATE:………………..
For…………………………
AUTHORISED SIGNATORY
To
Date:______________
Shri (Name)
………………………………..
(Address)
………………………………..
Subject: -
INTERVIEW.
Dear Sir,
Referring to your application for job and subsequent written test, you are called for interview on………………..(Date), ……………….AM/PM at…………………….(Address).
Please bring your Educational/Experience certificates and other documents with you.
TA/DA is paid / TA/DA not paid.
Yours faithfully,
AUTHORISED SIGNATORY
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NAME WITH SURNAME |
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FATHER’S /HUSBAND’S NAME |
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ADDRESS: PERMANENT |
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TEMPORARY
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(A) DATE OF BIRTH (WITH PROOF) (B) MALE/FEMALE |
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APPLYING FOR WHICH POST |
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QUALIFICATION |
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EXAMINATION
PASSED |
SCHOOL/COLLEGE |
BAORD/UNIVERSITY |
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% OF MARKS
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7. EXPERIENCE:-
PERIOD |
NAME &
ADDRESS OF EMPLOYER |
DESIGNATION |
SALARY |
REASON OF
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MATRIAL STATUS |
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FATHER’S/HUSBAND’S OCCUPTATION |
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WHETHER ANY RELATIVE WORKING IN THIS COMPANY/ORGANISATION (IF
ANY, GIVE ITS NAME AND DESIGNATION) |
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ARE YOU MEMBER OF E.S.I. (IF YES, GIVE ITS NUMBER) |
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ARE YOU MEMBER OF PROVIDENT FUND (IF YES, GIVE ITS NUMBER) |
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EXPECTED SALARY |
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IF ANY CASE IS PENDING AGAINST YOU IN COURT OR YOU HAVE FILED ANY CASE IN COURT, IF YES, PLEASE GIVE ITS DETAILS. |
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GIVE TWO PERSONEL REFERENCES WITH NAME, ADDRESS, AND OCCUPATION. |
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I hereby certify that the above information given by me is true to best of my knowledge and belief. If any information found incorrect or hidden, I agree that my services can be terminated from the Company.
PLACE:
SIGNATURE OF THE APPLICANT
DATE:
MODEL APPOINTMENT LETTER
Date:……………….
To
………………………………………
………………………………………
………………………………………
Subject:- LETTER OF OFFER-CUM-APPOINTMENT
LETTER.
Dear Sir,
The Management is pleased to offer you the post of …………………….. in our establishment on the following :-
TERMS AND CONDITIONS
1. This appointment is with effect from………………………subject to confirmation of your joining report and signed copy of appointment letter.
2. That you will be paid a salary of Rs…………….. consolidated per month. You will not be eligible for any other allowance or benefit as stated above.
3. The appointment is purely temporary/casual/probation/permanent for a fixed period of …………….and upto……. only. After the expiry of the period, your services will be terminated automatically.
4. That you will get all the benefits as per law.
5. You will get pay for work done only and no pay will be paid for no work.
6. That you will be eligible for leaves and other benefits as per the service rule of the Company as in vogue or altered from time to time. The Company has right to amend the rules, which shall be applicable to you.
7. That your address given in this letter will be treated as address for all communications.
8. At the time of joining duty, you will furnish a certificate from a registered medical practitioner/MBBS Doctor that you are medically fit for employment. You employment with the Company will depend upon your continuing physically fit. Company reserves the rights to ask you at any time to appear before any doctor of the Company’s choice for medical check-up.
9. That you will observe strict secrecy in respect of information, formula and working of Plant in particular and procedure practices adopted by the Company. You will not divulge any information to anyone.
10. That you shall abide by all rules and regulations of the company enforced/amended from time to time.
11. That during the tenure of your employment, you are expected to devote whole heartedly for work of the company and will not take-up any other employment, allocation, trade, business or self employment, in your own name or in the name of your family members without seeking prior written permission from the employer. Violation of this clause will render you for swear disciplinary action. It is further clarified that you can not engage yourself even without enumeration. This is strictly for the reason so that the work of company may not suffer.
12. That you will carry out such duties as assigned to you from time to time and you will not refuse to carry out any such duty. The management has inherent right to charge your designation without notice but while doing so your remunerations cannot be adversely affected.
13. That your headquarter for present is at ______________ but it can be changed to such other place that may be decided by the organisation and communicated to you. Thus your headquarter is likely to be changed.
14. That you can be transferred to one section from other section, from one department to other and from one shift to another keeping in view the exigency of the work without any notice. You will not refuse to carry out such orders.
15. That company is competent to transfer you anywhere in India as the company has the broad base and branches all over India. You cannot refuse to carry out the order of transfer and after transfer you will become the employee of the place where you stands transferred. The company has right to transfer you without affecting any change in remuneration, allowances or other benefits.
16. That absence for a continuous period of 7 days without leave (including the case when leave though applied for is not granted by the company) and if there is overstay by 8 days, it will be taken as you have left the service. If you, by presenting on ninth day satisfied the Management then Management has right to take you on work. But if you will not present on work on even ninth day then nothing will be considered if you are ill.
17. You employment can be terminated by either side without notice or pay. Termination of employment under this section needs no reason to assign.
18. In case of gross negligence insubordination, fraud, disobedience of order, misbehavior with your seniors or any misconduct alleged against you or breach of any terms and conditions of this agreement, you will be liable for suspension pending any enquiry for which no wages shall be paid to you. If you are found guilty your services will be terminated forthwith and you shall not be entitled to any notice or compensation.
19. Notwithstanding the condition in paragraph 18 above, if at any time in our opinion, which will be final in the matter, you are found indulging in any conduct considered by us detrimental to our interest or of violation of one or more terms and conditions of the letter, you services can be terminated without notice and compensation.
20. If at any time the company finds that the information supplied by you at the time of appointment or later on is false, it would entail automatic termination of your service without notice or compensation.
21. In any case you have left this company, you will not be allowed to join any other company, which is already manufacturing the same product for three years.
22. At the time of leaving the company, you have to return the all documents/articles or any other things of the company.
23. You will not do any act publically, which affects the image of the company and other employees.
24. You will not take your grievances, disputes or anything else related with company publically or to any lawful authority and will not do any act which will hamper the work of company in any kind before taking them to the machinery appointed by company for the settlement of disputes and grievances or anything else, you also have to give reasonable time to company.
25. You will remain in company with motto “WORK IS WORKSHIP” and will do nothing, which will hamper the work of company in any kind.
26. If you have any dispute or grievances with company and you are not satisfied of solving them within the framework of law you will peacefully leave the company.
27. Company can take you performance test periodically. In case you fail in these tests, management can take action against you what it feel deem fit.
28. Any dress code or any other order related to physical appearance is to be complied by you.
29. Your conviction by any criminal court for offence which involve moral tripued will make an end your employment with us
30. Kindly sign the duplicate copy of this letter and return the same to us as token of your acceptance of the appointment on the above terms and conditions.
All the rules and regulations are mentioned in this letter to be strictly adhered.
For…………………..
AUTHORISED SIGNATORY
DECLARATION
BY THE EMPLOYEE:
I have carefully read and understood the terms and conditions under which an employment is offered to me. I hereby signify my acceptance of all the terms and conditions are taken thereof, I append my signatures on duplicate copy and return it to the office as directed. I am fully satisfied & happy and will work hard for company’s benefit, I am joining from…………..
I have got the best what I can get. My motto is “Work is Worship”. I will not do any act, which will hamper the work or image of company in any kind.
SIGNATURE OF
EMPLOYEE
(Make changes
according to your requirement without hesitation)
1. Your appointment will be governed according to conditions in the appointment letter.
2. Your working hours and shift shall be fixed according to the rules under the Factory Act /relevant labour laws. The management reserves the right to transfer you from one shift to another at any time.
3. You will be granted public holidays, all national - festival holidays /casual, sick leave according to rules and regulations under relevant labour laws.
4. You have to present In time for work in shift as per your duty and in case of late coming management shall have the right to refuse you to assign any work and any other employees who is on work shall be given your work. Thus you will be treated absent under industrial labour laws on that day.
5. If after presenting yourself for work you are fond absent at any time during your duty time you will be treated absent on that day and will loose the salary of that day.
6. If you are not present on work due to illegal / unfair strike, you will be treated absent from the work and management can take any legal action for remaining absent against you. This action will be addition to any other action for illegal / unfair strike.
7. If you absent with other employees of establishment, the management can deduct eight days payment from your salary according to the Payment of Wages Act. The decision of management in this regard shall be final.
8. If you have to go for “Slow down” or “Strike”. You have to serve one-month advance notice to management so that problem can be solved through conciliation. Any slow down or strike will be illegal without this notice and management can take action against you besides any action under Industrial Dispute Act.
9. If you will remain absent for more than eight days from your service with us, it will be presume that you have left the service according to your own will and loose the lien on your employment. If you report duty on the ninth day and satisfied the management about your absence, management has the right to take you on work.
If you are not present on the ninth day during the working time of your duty, the management will not consider on any reason even if you are ill during your absent.
10. Due to shortage of power, breakdown of machinery, excess staff, shortage of raw material etc. the management have right to layoff you. You will not be liable to get any compensation for these days of layoff.
11. If you remain ill continuously for six months the management reserves the right to dismiss you from service.
12. You will be retired on attaining age of fifty-eight years, without any notice given by the management.
13. Your services can be terminated by giving one-month notice or pay in lieu of it. Similarly you can also leave the service by giving one-month notice or pay in lieu of it. This condition can be applicable after your services are made permanent by written order of management.
14. You may be transferred by the management from one department to another, one machine to another, one place to another and one city to another city in India, during the present and future time where there is business of the company which would be acceptable to you.
15. You will produce material /service according to their standard. In case they are not found according to standard you have to rectify them. If material is not in condition to rectify you have to compensate us for that material.
16. You will be fully responsible to keep all machines, tools etc., which are used by you during you working in good position. If any of them found damaged etc. you have to compensate for that damage.
17. You will not seek employment elsewhere during employment with us. You are even debarred from self-employment. Violation of this condition will be major misconduct for which your services will be terminated.
18 All correspondence /communications by us will be received promptly by you. Non-acceptance of them will constitute grave misconduct.
19. In case of serious misconduct you can be suspended. Suspension allowance will be fifty percent given up to sixty days. If delay in inquiry is on your part suspension allowance will be reduced to twenty five percent after sixty days. If delay in inquiry is on the part of management the suspension allowance will be seventy five percent after sixty days.
Inquiry officer can be any officer of company or any out sider. During inquiry you can take help of any co-worker, which is not suspended. Any outside person cannot represent you and management during inquiry.
20. After issuing charge sheet you will be asked for clarification. If in reply you accept the charges, management will issue orders as deem fit. If you will not accept charges, management may go for inquiry. You have to present yourself before the inquiry officer. No outsider will be permitted to represent you and management for inquiry. The management will have the right to take action on the report of the inquiry officer.
21. If you have any problem or complaint related to your work you have to report within twenty-four hours to your department head and he will solve the problem within forty-eight hours. If problem is not solved you will report it within seven days to your manager. The manager will solve it within ten days. Even then if you are not satisfied you will complaint to management within one month. If after all this you are not satisfied you can contact labour department to solve Industrial Dispute.
I accept |
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Signature of applicant |
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Signature of Management |